The Court of Justice of the EU (CJEU) has ruled in the case of Republic of Austria v. Austrian Arilines AG that the legal framework of the single European sky protects the economic rights of airspace users in case the air navigation service provider fails to provide its services. It confirmed its earlier judgement of 2022 in the case of Skeyes, the Belgian air navigation service provider. The court did not follow the opinion of the advocate general who had asked a reversal from the Skyes judgement. The airline claiming damages from the air navigation service provider must proceed under national law to do so.
Air and Space Law